§ 6005. Enforcement; civil and administrative penalties; expenses.
§ 6005. Enforcement; civil and administrative penalties; expenses. (a) The Secretary shall enforce this chapter. (b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6003 of this title, or any order of the Secretary, shall be punishable as follows: (1) If […]
§ 6006. Public hearings.
§ 6006. Public hearings. Any public hearing held by the Secretary concerning any regulation or plan, permit application, alleged violation or variance request shall be conducted as follows: (1) For any hearing on an application for a permit or an alleged violation or variance request, notification shall be served upon the applicant or alleged violator […]
§ 6007. Establishment of Environmental Appeals Board.
§ 6007. Establishment of Environmental Appeals Board. (a) There is hereby created an Environmental Appeals Board which shall consist of 7 Delaware residents, appointed by the Governor with the advice and consent of the Senate. The Chairperson shall be appointed by the Governor and serve at the Governor’s pleasure. Each county shall be represented by […]
§ 6008. Appeals to Board.
§ 6008. Appeals to Board. (a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after receipt of the Secretary’s decision or publication of the decision. The Board shall conduct a public hearing for all appeals in accordance with Chapter 101 […]
§ 6009. Appeal from the Board’s decision.
§ 6009. Appeal from the Board’s decision. (a) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the activity in question is wholly or […]
§ 6010. Rules and regulations; plans.
§ 6010. Rules and regulations; plans. (a) The Secretary may adopt, amend, modify or repeal rules or regulations, or plans, after public hearing, to effectuate the policy and purposes of this chapter. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof. (b) The […]
§ 6011. Variance.
§ 6011. Variance. (a) The Secretary may, upon application of a person (except an application concerning (1) a source of water or a sewerage facility for 3 or fewer families or (2) open burning, on which the Secretary may act without public notification), grant a variance to that person from any rule or regulation promulgated […]
§ 6012. Temporary emergency variances.
§ 6012. Temporary emergency variances. (a) Notwithstanding § 6011 of this title, other than subsection (g) of that section, the Secretary may grant a variance to any rules or regulations promulgated pursuant to this chapter, for a period not to exceed 60 days. The request for a temporary emergency variance shall be submitted in writing, […]
§ 6013. Criminal penalties.
§ 6013. Criminal penalties. (a) Any person who wilfully or negligently: (1) Violates § 6003 of this title, or violates any condition or limitation included in a permit issued pursuant to § 6003 of this title, or any variance condition or limitation, or any rule or regulation, or any order of the Secretary; or (2) […]
§ 6014. Regulatory and compliance information, facility performance and public information.
§ 6014. Regulatory and compliance information, facility performance and public information. (a) The Department shall develop an Environmental Information System that will include general information about facilities and sites under the Department’s regulatory jurisdiction as defined by Chapters 40, 60, 62, 63, 66, 70, 72, 74, 77, 78, and 91 of this title and Chapter […]